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Madras High CourtCRL OP(MD)/14824/2023granted

K Pasupathy v. The Inspector Of Police

2023-08-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN K.Pasupathy ... Petitioner / Accused No.2 Vs State represented by The Inspector of Police, Mimisal Police Station, Pudukkottai District.

Crime No.109 of 2023.

... Respondent / Complainant For Petitioner :

Mr.S.M.Sanjay, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.109 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 332, 506(i) of IPC, in Crime No.109 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the defacto complainant is working as a Second Grade police. On 09.08.2023, during the festival in Mimisal Mariamman Kovil cultural function, there arose a wordy quarrel between the petitioner and the defacto complainant, with regard to violation of traffic rules by the petitioner and other accused persons. The petitioner and other accused persons alleged to have abused the defacto complainant with filthy words, attacked them with hands and criminally intimidated him. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that trouble has arisen between the parties over a petty issue during the temple festival. No previous case has been registered against the petitioner. The injured has been discharged from the hospital.

5. Considering the facts and circumstances of this case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant relief to the petitioner.

6. This Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial 2/4

Magistrate, Aranthangi, Pudukkottai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, MIMISAL POLICE STATION, PUDUKOTTAI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.M.SANJAY, Advocate ( SR-12304[I] dated 16/08/2023 )

ORDER

IN CRL OP(MD) No.14824 of 2023 Date :14/08/2023 RS/VR/SAR-(23.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4